Common use of Loan Disbursement Clause in Contracts

Loan Disbursement. (a) The Loan shall be advanced in one (1) disbursement. Each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such disbursement in immediately available funds not later than the times designated in Section 10.3(b). Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any disbursement that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such disbursement, Administrative Agent may assume that such Lender shall make such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such disbursement as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursement, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursement, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such disbursement. If Administrative Agent funds to Borrower such Lender's Pro Rata Share of such disbursement and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such disbursement. Nothing in this Section 10.3(a) shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata Advance.

Loan Disbursement. 11.3.1 Not later than 1:00 P.M. (aEastern time) The Loan shall be advanced in one (1) disbursement. Each on the Closing Date each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the full amount of such Lender's Pro Rata Share of such disbursement Commitment in immediately available funds not later than the times designated in Section 10.3(b)funds. Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any disbursement prior to such time for funding that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such disbursementLoan, Administrative Agent may assume that such Lender shall make has made such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such disbursement as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursement, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursementLoan, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such disbursementLoan. If Administrative the amount so funded by Agent funds is not in fact made available to Agent by the responsible Lender, then Borrower agrees to repay to Agent such amount, together with interest thereon at the Base Rate for each day from the date such amount is made available to Borrower until the date such Lenderamount is repaid to Agent, not later than three (3) Business Days following Agent's Pro Rata Share of demand to Borrower that such disbursement and if repayment be made. In addition, such Lender subsequently pays agrees to Administrative pay to Agent forthwith on demand such corresponding amount, together with interest thereon at the Federal Funds Rate. If such Lender shall pay to Agent such corresponding amount, such amount so paid shall constitute such Lender's Loan, and if both such Lender and Borrower shall have paid and repaid, respectively, such corresponding amount, Agent shall promptly return to Borrower such corresponding amount in same day funds; interest paid by Borrower in respect of such corresponding amount shall be prorated, as of the date of payment thereof by such Lender to Agent. In the event that Agent shall not have funded such Lender's Pro Rata Share under this SECTION 11. 3.1 then Borrower shall not be obligated to accept a late funding of such disbursementLender's Pro Rata Share if such funding is made more than two (2) Business Days following the applicable Funding Date. If Borrower declines to accept such delinquent funding, Agent shall promptly return to such Lender the amount of such funding. Nothing in this Section 10.3(a) SECTION 11.3.1 shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata AdvanceLender.

Loan Disbursement. Not later than 1:00 P.M. (aEastern time) The Loan shall be advanced in one (1) disbursement. Each on the Closing Date, each Lender shall make available to Administrative Agent (or the funding bank or entity designated by Administrative Agent), the amount of such Lender's Pro Rata Share of such disbursement the Loans in immediately available funds not later than the times designated in Section 10.3(b)funds. Unless Administrative Agent shall have been notified by any Lender not later than the close of business (San Francisco time) on the Business Day immediately preceding the Funding Date in respect of any disbursement prior to such time for funding that such Lender does not intend to make available to Administrative Agent such Lender's Pro Rata Share of such disbursementthe Loans, Administrative Agent may assume that such Lender shall make has made such amount available to Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of such disbursement as described above, but does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursement, such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon at the Federal Funds Rate. In any case where a Lender does not for any reason make available to Administrative Agent such Lender's Pro Rata Share of such disbursementthe Loans, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund to Borrower such Lender's Pro Rata Share of such disbursementthe Loans. If Administrative the amount so funded by Agent funds is not in fact made available to Agent by the responsible Lender, then Borrower agrees to repay to Agent such amount, together with interest thereon at the Base Rate for each day from the date such amount is made available to Borrower until the date such Lenderamount is repaid to Agent, not later than three (3) Business Days following Agent's Pro Rata Share of demand to Borrower that such disbursement and if repayment be made. In addition, such Lender subsequently pays agrees to Administrative pay to Agent forthwith on demand such corresponding amount, together with interest thereon at the Federal Funds Rate. If such Lender shall pay to Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of the Loans, and if both such disbursementLender and Borrower shall have paid and repaid, respectively, such corresponding amount, Agent shall promptly return to Borrower such corresponding amount in same day funds; interest paid by Borrower in respect of such corresponding amount shall be prorated, as of the date of payment thereof by such Lender to Agent. In the event that Agent shall not have funded such Lender's Pro Rata Share under this Section 11.3.1, then Borrower shall not be obligated to accept a late funding of such Lender's Pro Rata Share if such funding is made more than two (2) Business Days following the Closing Date. If Borrower declines to accept such delinquent funding, Agent shall promptly return to such Lender the amount of such funding. Nothing in this Section 10.3(a) 11.3 shall alter the respective rights and obligations of the parties hereunder in respect of a Defaulting Lender or a Non-Pro Rata AdvanceLender.

Loan Disbursement. (a) The Loan shall be advanced in one (1) disbursement. Each Lender shall will make available each Loan to Administrative Agent (or be made by it hereunder on the funding bank or entity designated proposed date thereof by Administrative Agent), the amount of such Lender's Pro Rata Share of such disbursement wire transfer in immediately available funds to the Administrative Agent at the Payment Office, in each case, by not later than 2:00 p.m. on the times date of each proposed Loan. All Loans will be disbursed from the Payment Office that the Administrative Agent designates from time to time. Revolving Loans may be borrowed, repaid, and reborrowed in accordance with the Loan Documents. If funded by the Lenders as set forth above, the Administrative Agent will make the proceeds of each Revolving Loan requested by the Loan Party Representative available to it by crediting the Loan to Borrower’s operating account designated by Borrower to the Administrative Agent, in Section 10.3(b)writing. Amounts treated as Revolving Loans requested by a Borrower pursuant to the terms of this Agreement will be disbursed to the Administrative Agent and applied to the obligation or liability related to the deemed request. (b) Unless the Administrative Agent shall have been notified by any Lender not later than prior to the close date of business (San Francisco time) on the Business Day immediately preceding the Funding Date a borrowing in respect of any disbursement which such Lender is to participate that such Lender does will not intend to make available to the Administrative Agent such Lender's Pro Rata Share Lexxxx’s share of such disbursementborrowing, the Administrative Agent may assume that such Lender shall make Lexxxx xas made such amount available to the Administrative Agent on such date, and the Administrative Agent. If any Lender does not notify Administrative Agent of its intention not to make available its Pro Rata Share of , in reliance on such disbursement as described aboveassumption, but does not for any reason may make available to the Borrowers on such date a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender's Pro Rata Share Lender on the date of such disbursementborrowing, and the Administrative Agent has advanced such Defaulting Lender’s pro rata share to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender shall pay to Administrative Agent forthwith on demand such amount, together with interest thereon (x) at the Federal Funds RateRate until the second Business Day after such demand and (y) at the Base Rate at all times thereafter. In any case where a If such Lender does not for any reason make available to pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Loan Party Representative, and the Borrowers shall immediately pay such Lender's Pro Rata Share of such disbursement, Administrative Agent, in its sole discretion, may, but shall not be obligated to, fund corresponding amount to Borrower such Lender's Pro Rata Share of such disbursement. If the Administrative Agent funds to Borrower together with interest at the rate specified for such Lender's Pro Rata Share of such disbursement and if such Lender subsequently pays to Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Pro Rata Share of such disbursementborrowing. Nothing in this Section 10.3(asubsection shall be deemed to relieve any Lender from its obligation to fund its pro rata share of any borrowing hereunder or to prejudice any rights which the Borrowers may have against any Lender as a result of any default by such Lexxxx xxxxxxxxx. (c) All Advances shall alter be made by the Lenders on the basis of their respective rights pro rata shares. No Lender shall be responsible for any default by any other Lender in its obligations hereunder, and obligations each Lender shall be obligated to make its Loans provided to be made by it hereunder, regardless of the parties hereunder in respect failure of a Defaulting any other Lender or a Non-Pro Rata Advanceto make its Loans hereunder.